SECTION 55.705. Employer Responsibilities

(a) If the child cannot be enrolled in the employer health insurance plan because the employer does not maintain a plan, the employee is not eligible, or the employee is no longer employed by the employer, the employer must complete the Employer Response Form and provide the employer representative information to the Title IV-D Agency within 20 business days of receipt of the Notice.

(b) Employers must transfer the Notice to the appropriate group health plan administrator within 20 business days after the date of the Notice.

(c) Employers must withhold any obligation of the employee for employee contributions necessary for coverage of the child(ren) and send any amount withheld directly to the plan.

(d) Employees may contest the withholding based on a mistake of fact. If the employee contests such withholding, the employer must initiate withholding until such time as the employer receives notice that the contest is resolved.

(e) The employer must notify the Title IV-D Agency should the federal withholding limitation prevent the withholding from the employee's income of the amount reported to obtain coverage under the terms of the plan.

(f) If an employer would like to receive the Notice through electronic transmission the employer must notify the Title IV-D Agency.

(g) If the child is enrolled in the employer's health plan, or is already enrolled in another health insurance plan in accordance with a previous child support or medical support order to which the child is subject, the employer must provide this information by first class mail to the IV-D agency. The statement must be sent no later than 30 days after the date the employer receives the National Medical Support Notice.

Source Note: The provisions of this §55.705 adopted to be effective January 18, 2004, 29 TexReg 355; amended to be effective March 5, 2008, 33 TexReg 1763; amended to be effective March 15, 2010, 35 TexReg 2155